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STATE v. ROBBINS

No. 9148.

481 S.W.2d 618 (1972)

STATE of Missouri, Plaintiff-Respondent, v. Weldon C. ROBBINS, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

June 8, 1972.

Attorney(s) appearing for the Case

Michael Lorch, Pros. Atty., and William H. Pennington, Asst. Pros. Atty., Piedmont, for plaintiff-respondent.

Joseph Howlett, Shaw & Howlett, Clayton, for defendant-appellant.

PER CURIAM:

Deja vu.

Defendant was charged with the second offense of driving a motor vehicle while intoxicated. § 564.440 RSMo 1969, V.A. M.S. The jury returned a verdict April 9, 1971, finding defendant guilty and assessed his punishment at 15 days in the county jail. A motion for new trial was filed April 21, 1971, and the transcript on appeal contains the following unlabeled notation: "June 7, 1971. Hearing held on Defendant's Motion for New Trial...

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